Spectra Logic Spectra T950V User Manual page 6

12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, AND EXCEPT AS MAY BE STATED IN THE SPECTRA
MASTER SERVICE AGREEMENT, THE SOFTWARE PRODUCT IS PROVIDED
ʺAS IS,ʺ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND SPECTRA AND SPECTRAʹS AFFILIATES (COLLECTIVELY REFERRED
TO AS ʺSPECTRAʺ FOR THE PURPOSES OF SECTIONS 12 AND 13) HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NON‐INFRINGEMENT OF THIRD‐PARTY RIGHTS.
SPECTRA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE PRODUCT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT
WILL BE UNINTERRUPTED OR ERROR‐FREE, OR THAT DEFECTS IN THE
SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SPECTRA OR A SPECTRA
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT
APPLY TO YOU.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL SPECTRA, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
SPECTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, SPECTRAʹS ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR THE SOFTWARE PRODUCT; PROVIDED HOWEVER, IF YOU HAVE
ENTERED INTO A MASTER SUPPORT AGREEMENT, SPECTRAʹS ENTIRE
LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE
TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. CONTROLLING LAW AND SEVERABILITY
This EULA will be governed by and construed in accordance with the laws of the
State of Colorado, as applied to agreements entered into and to be performed
entirely within Colorado between Colorado residents. This EULA shall not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. If for any reason a
court of competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this EULA shall continue in full force and effect.
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August 2019 User Guide—Spectra T950V Library